Aug 12

One of the main concerns regarding the Deferred Action Process for Young People is whether or not individuals that are not currently in removal proceedings could be subjecting themselves to possible immigration enforcement actions by submitting their information to USCIS. Because deferred action is a discretionary form of relief that can be revoked at any time, many young people are worried that submitting their information creates more risk than the reward of possibly being granted deferred action.

On August 3, 2012, US Citizenship and Immigration Services (USCIS) announced that it maintains the right to exercise its discretion in determining whether or not it is appropriate to refer applicants to Immigration and Customs Enforcement. In announcing their policy on this issue, USCIS has stated:

“If your request for consideration of deferred action
for childhood arrivals is denied, USCIS will apply its
policy guidance governing the referral of cases to U.S.
Immigration and Customs Enforcement (ICE) and the
issuance of Notices to Appear (NTA). If your case does
not involve a criminal offense, fraud, or a threat to
national security or public safety, your case will not be
referred to ICE for purposes of removal proceedings
except if DHS determines there are exceptional
circumstances.”